What to do if a bank offset/debited my account due to a debt of my mother’s?

UPDATED: May 2, 2012

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What to do if a bank offset/debited my account due to a debt of my mother’s?

When I was 16 years old my mom opened my first bank account for me; I’m now 26. I’m the primary and she is the secondary (which we both forgot about). She has never had access, deposited or withdrew money from this account. Recently, the account was debited/offset for more than $15,400. When I called the bank, they told me that my mom owed them on a loan she took out a few years ago (I am not on the loan and have no association with it) and that they decided to collect from me. How do I get my money back? I have the proof that she has never accessed, deposited or withdrew from it.

Asked on May 2, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would first have a meeting with the manager of the bank where there was a unilateral debit of $15,400 from your bank account with respect to a loan that your mother took out with the bank that she might not have repaid to ascertain on what legal basis the unilateral debit was done as to your account if there was no judgment against your mother and no notice of levy served upon you as to your bank account.

From what you have written, it seems that the bank may have improperly used self help to pull money from your account albeit your mother was the secondary owner.

If you do not get the $15,400 debit resolved to your satisfaction, I suggest that you consult with an attorney that practices in the area of banking law to assist you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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